Allahabad High Court
Nitin Sankhla vs State Of U.P. And 4 Others on 12 May, 2023
Bench: Ajay Bhanot
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:103234
Court No. - 35
Case :- WRIT - C No. - 16094 of 2023
Petitioner :- Nitin Sankhla
Respondent :- State Of U.P. And 4 Others
Counsel for Petitioner :- Vinod Kumar Singh
Counsel for Respondent :- C.S.C.,Avanish Mishra,Shambhavi Tiwari
Hon'ble Ajay Bhanot,J.
Heard Shri Vinod Kumar Singh, learned counsel for the petitioner and Ms. Shambhavi Tiwari, learned counsel for the respondent University.
The petitioner claims that he is entitled to grace marks in the supplementary examinations in which he appeared. The award of grace marks in supplementary examinations came up for consideration before this Court in Aswant Kumar vs. Chhatrapati Sahuji Maharaj University reported at 2016(3) AWC 2219 wherein Manoj Kumar Gupta, J. held as under:
?14. Award of grace marks is restricted to either written or practical examination and would in no case be granted in the supplementary examination. It is well settled that the Courts does not ordinarily interfere with the decision of the expert body in matters relating to academic qualifications and standards of education unless it is shown to be per se illegal or arbitrary. A perusal of Chapter XXVII B of the Ordinances framed by the University, which governs the M.B.B.S. course, reflects that a candidate, who has failed in the second Professional examination, is given an opportunity to appear in a supplementary examination held 4 to 6 months after the declaration of the result of the second Professional examination so as to provide him with an opportunity to clear the papers in which he has failed. Regulations 14, 15 and 16 of Chapter XXVII B are as under:-
"14. A candidate who fails to pass at the Second Professional Examination in one or more subjects shall be eligible to re-appear at the supplementary examination in the subject (s) in which he has failed, provided he puts in attendance at the revision classes held in the intervening period as per ordinance 11(c) above.
15. A candidate who fails at the supplementary Second Professional Examination in one or more subjects shall be eligible to re-appear in a subsequent examination in those subjects only. Such a candidate shall be required to attend lectures, demonstrations, seminars and practicals and but in the percentage of attendance as required in ordinance 14 on the basis of instruction given during the session.
16. A candidate who is not allowed to appear at the Second Professional Examination on account of shortage of attendance or does not appear for valid reason, shall be eligible to appear at the supplementary examination provided he attends such number of lectures, demonstrations and practical classes by which he was short at the time of his not appearing in the Second Professional Examination."
15. It is amply clear from a plain reading of these regulations that instead of detaining a candidate in the same Professional, he is permitted to clear the papers in which he had failed or in which he could not appear on account of shortage of attendance or does not appear for valid reason by appearing in the supplementary examination. The provision for appearing in the supplementary examination is itself in the nature of a concession to a student so that his year is not wasted. The object of award of grace marks is also the same. It seems that the University in its wisdom does not deem it appropriate to award grace marks to a candidate who has failed in the supplementary examination, as he has already been given a concession to clear the papers in which he had failed by appearing in the supplementary examination, without being detained in the same Professional. Such decision of the University has thus rational basis to support it. It is neither arbitrary nor contrary to Regulation 13 (10).?
The judgment of this Court in Aswant Kumar (supra) squarely covers the facts of this case.
The writ petition is dismissed.
Order Date :- 12.5.2023
Vandit
